Special insurance agreement, also known as special agreement, is a special agreement or clause attached to the policy signed by the insured and the insurance company. It refers to other agreements made by the two parties to an insurance contract besides the basic terms of the insurance policy, and its content is a special agreement made by the insurer and the applicant on the contents of the insurance contract, which is more effective than the basic terms.

According to the provisions of Articles 13, 1 and 14 of China's Insurance Law, insurance contracts are non-contractual contracts. As long as both parties reach an agreement on the main contents of the contract, the contract will be established. Under the insurance contract, the main obligation of the applicant is to pay the insurance premium, and the main obligation of the insurer is to bear the insurance liability.

The establishment and entry into force of insurance contract and the beginning of insurance liability are three different concepts, and their rights and obligations are different. Generally speaking, an insurance contract established according to law shall take effect as of the date of its establishment. Where there are agreed conditions and time limits for entry into force, the contract shall come into effect when the agreed conditions are established or the time limit expires.

For most contracts, the entry into force of insurance contract means the beginning of insurance liability, that is, the beginning time of insurance liability is the same as the entry into force time of insurance contract.

First, the elements of the insurance contract.

The criterion for judging whether a contract is established is whether all the elements of the establishment are available. If there is no constitutive requirements, the contract will not be established, and naturally it will have no effect. The so-called "constituent elements" can be divided into general constituent elements and special constituent elements.

Generally, the establishment requirements include the parties (one party is an insurance company, the other is the insured of life insurance and the insured of property insurance), the subject matter (that is, the contents of the contract, including the scope of insurance, the subject matter of insurance, insurance premium, insurance period and other necessary matters) and the expression of will (the offer is consistent with the acceptance). As for the constitutive requirements of special establishment, it involves whether it is an important contract or not.

If an insurance contract is recognized as an important contract and an important contract because there are special provisions in the contract, then the insurance contract must meet the following three conditions before it can be established:

1, the offer is consistent with the acceptance;

2. Insurance companies issue insurance policies or other insurance certificates (hereinafter referred to as signing bills);

3, the insured or the insured or other interested parties to pay the first premium or one-time wholesale (referred to as payment).

An insurance contract is an agreed contract (that is, an optional contract), which is established when the parties reach an agreement on the insurance conditions (subject matter, rate and risk). The production and delivery of the insurance policy is only the last procedure to complete the insurance contract, that is, the method to prove whether the insurance contract is established.

The legal effect of an insurance contract does not depend on the insurance policy from the beginning. In other words, the production and delivery of insurance policies are the obligations that insurance companies should perform after the contract is established. Although its function can be used as proof of insurance contract, it does not mean that the production and delivery of insurance policy are the key elements of insurance contract establishment.

2. Under what circumstances is the insurance contract invalid?

The life insurance contract that has been signed does not mean that it has come into effect. Similarly, a contract that is considered to be effective can also be considered invalid, but it must meet one of the following conditions:

The terms of the contract are considered to contain contents that endanger public security, violate social morality or infringe upon the legitimate rights and interests of the state, the collective and the individual;

The conclusion of the contract has fraud, coercion and other factors that violate the principles of fairness and justice;

The insured does not have the insurance conditions, such as age, economy, physical condition, etc. , or has no insurable interest to the insured;

In addition to the insurance for minors, the insured insures life insurance with death as the payment condition for people without civil capacity;

Except for minor insurance, a contract with death as the payment condition of insurance money has not been approved by the insured in writing.

Reference link: insurance law